To all detaining agencies
■ F orce and all forms of restraint, including seclusion or segregation, must only
be used when absolutely necessary, as last resort and for as short a time
as possible. Decisions to use seclusion or restraint should be based on an
individualised and proportionate risk-needs based approach, and be regularly
reviewed.
■ M
inimum standards for decent living conditions and essential provisions as
set out in the Mandela Rules and other human rights instruments must always
be met. Specifically, cells and rooms must be of a reasonable size, clean,
safe, well ventilated, well lit and temperature controlled. Basic requirements
regarding access to fresh air and exercise, food and drinking water must
always be adhered to across all detention contexts.
■ Internal rooms cannot be considered an appropriate substitute to an outdoor
exercise yard; access to fresh air and natural light should be provided in all the
institutions which do not currently provide it.
■ A
ll cells/rooms must be equipped with a means of attracting the attention
of staff, and these must be regularly checked to ensure that they are in good
working order.
■ M
easures to enable detainees and patients to exercise more personal
autonomy inside their solitary cells should be implemented. Examples include
removing restrictions on the use of the toilet flush in prisons or control of light
switches and room blinds in health and disability facilities.
■ F acilities which are not fit for purpose should be decommissioned as soon as
practicable. These include the Wellington police custody suite; the ‘silver cells’
in Auckland Men’s Management Unit, and the Free standing ‘pound’ units in all
prisons.48
■ C
onfidential and accessible complaint mechanisms must be closely
safeguarded in all places of detention, and even more so in units where
people are separated from others and thus potentially more vulnerable to
mistreatment. All prisoners, detainees, patients and residents should have
unlimited and unmonitored access to written complaints forms and means
to submit these in a confidential manner, ideally using a secure complaints
48 We were pleased to hear from the Department of Corrections, following the drafting of this report, that
a decision had been taken to decommission the ‘silver cells’ on 1 March 2017. This is a very welcome
development. We were also pleased to learn that the ‘pound’ cells were now under active review and rarely
used in the interim.
57